Supreme Court Affirms a Fundamental Constitutional Protection for Our Nation’s Children

This statement can be attributed to Wendy Cervantes, director of the Immigration and Immigrant Families team at the Center for Law and Social Policy (CLASP).

Washington, D.C., June 30, 2026 – Today’s Supreme Court decision preserves a fundamental constitutional protection that has safeguarded children born in the United States for more than a century. By striking down Trump’s executive order on birthright citizenship, the Court has protected the longstanding principle that children born in this country are entitled to the rights and protections of U.S. citizenship regardless of their parents’ immigration status.

Birthright citizenship is rooted in the simple principle that every child born in the United States deserves the opportunity to grow and thrive. For generations, the Fourteenth Amendment has ensured that children are not denied citizenship because of their race, ancestry, or the immigration status of their parents. Birthright citizenship has helped ensure that children begin life on equal footing, regardless of their parents’ immigration status. Today’s decision preserves that understanding and protects children from being treated differently from the moment they are born.

The stakes in this case were profound. Had birthright citizenship been narrowed, hundreds of thousands of babies born in the United States each year could have faced uncertainty about their citizenship status because of their parents’ immigration status. Children could have been denied the rights, protections, and opportunities that citizenship provides from birth, while any family welcoming a newborn could have faced new bureaucratic burdens as they attempted to prove their child’s citizenship and navigate a confusing and uncertain system. Today’s ruling preserves important protections for children, families, and communities.

Research consistently shows that children thrive when they have the security, stability, and opportunities that citizenship provides. Preserving birthright citizenship helps ensure that children have access to the rights and protections they need to reach their full potential. It also strengthens families and communities across the country.

CLASP will continue working alongside advocates, service providers, researchers, and impacted families to defend the rights of all children and advance policies that promote their well-being. While today’s ruling preserves an important constitutional protection, work remains to ensure that all children and families have the support and opportunities they need to thrive. Every child belongs here and deserves the rights and protections afforded to them from birth, regardless of their parents’ immigration status.